[Massplanners] Petitioned Zoning Amendments

[THOMAS FUDALA]

40A Section 5 language is a little muddled on mandating a PB hearing within 65 days, but assuming one is held, the PB has an additional 21 days to file a report on its vote/recommendations regarding a zoning article. So, Select Board, per Section 5, "must" (but very often doesn't) forward the article to the PB within 14 days and adding this all up, there can be up to 100 days between the submission of an article and the delivery of the PB's recommendation. There are cases where the PB can "pocket veto" an article by not holding a hearing or, more legally, not file their recommendation before the date of Town Meeting (unless 21 days have passed between their hearing and the TM date), since TM can't vote on a zoning article without a report, "with recommendations", from the PB. My PB actually killed a few zoning articles by filing a report that said the PB declined to make a recommendation! 

Tom Fudala AICP retired

>     On 02/03/2023 1:26 PM Thomas Bott via MassPlanners <massplanners at masscptc.org> wrote:
> 
> 
>     Dear Alan:
>     The PB is required to hold a hearing within 65(?) days of when the Select Board forwards the articles to Planning. If the TA's office doesn't have a complete petition, i.e. no check for advertising, they don't/can't forward the petition in order for Planning to advertise.
>     TBott 
> 
>     Thomas Bott Carver Town Planner
> 
>     You too could follow me on Twitter @TBottPlimoth but it clearly isn’t necessary
> 
> 
>     On Friday, February 3, 2023 at 01:12:31 PM EST, Alan Pease via MassPlanners <massplanners at masscptc.org> wrote:
> 
> 
>     If we don't have enough money in our budget to advertise the hearing for petition zoning articles we request a reserve fund transfer for an unanticipated expense. My understanding is the Planning Board is required to hold a hearing and therefor incurs any associated costs.
> 
>     On Fri, Feb 3, 2023, 8:35 AM Kristina Johnson via MassPlanners <massplanners at masscptc.org mailto:massplanners at masscptc.org > wrote:
> 
>         > > 
> >         Hello Friends and Colleagues,
> > 
> >          
> > 
> >         A Friday question for my municipal peeps…for petitioned zoning amendments, who is responsible for paying for the legal advertisements for the statutory public hearing? The petitioner (s)? The property owner? The municipality? Here is Hudson this cost is borne by my Department’s Ad budget; and, as you all know, the cost for legal ads adds up quick. Lately, we are getting a lot of petitioned articles (many we don’t even support), and this cost is wiping out my budget.
> > 
> >          
> > 
> >         Let me know how your municipality handles this cost.
> > 
> >          
> > 
> >         Thanks, and stay warm.
> > 
> >         Best,
> > 
> >         Kristina
> > 
> >          
> > 
> >         Kristina Johnson, AICP
> > 
> >         Director of Planning & Community Development
> > 
> >         Town of Hudson,  MA
> > 
> >         President, Mass. Association of Planning Directors
> > 
> >         Tel: 978-562-2989 
> > 
> >         Cell:  857-939-3427
> > 
> >         Email: kjohnson at townofhudson.org mailto:kjohnson at townofhudson.org
> > 
> >          
> > 
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